Receipt of Complaint through Completion of Investigation including Removal and Placement of children (if necessary)

Children's Protective Services investigates allegations of abuse and neglect of children under the age of 18. CPS has 30 days to complete an investigation unless extenuating circumstances require an extension.

Complaint is Received

Complaint is received by local CPS Office. A decision is made on whether to assign the complaint for investigation. The following is reviewed:

·        Does the complaint contain allegations of abuse and/or neglect to a child by a parent, legal guardian, or person responsible?

·        Has this complaint already been investigated?

·        Does the complaint allege harm or threatened harm or neglect as defined in the Child Protection Law?

·        Is the information reported sufficient? Is CPS is able to establish a basis in fact for the suspicion?

Complaint is Assigned for Investigation

If a complaint is assigned for investigation, the CPS investigator will:

·        Interview the children using the Forensic Interview Protocol

·        View any injuries on the child or refer for a medical evaluation

·        Interview the parents/alleged perpetrators

·        View the family's home

·        Review any necessary documents, police reports, criminal history, medical reports, school reports, previous CPS case file, service reports such as therapy or provider reports

·        Interview neighbors, friends, relatives, or professionals that have had contact with the family

·        Assess the safety of the child (the following are some of the areas reviewed to determine safety)

§         Caretaker has caused serious harm to the child

§         Caretaker has failed to protect the child from harm or threatened harm

§         Caretaker's explanation of injury is not plausible

§         Child is fearful of the caretaker

§         Child's living conditions are hazardous to the child

§         Assess the risk to the child (the following are some of the areas reviewed to determine risk)

§         Domestic violence in the home

§         Parenting skills

§         Substance Abuse

§         Employment

§         Housing

§         Resource Availability

CPS investigator looks at the following, and other, areas:

·        Are there alternative explanations to the allegations?

·        What are the family dynamics and family circumstances? (Ex. divorce/custody battle ongoing?)

·        Who is making the complaint?

·        Is there corroborating evidence? (Ex. Witnesses, environmental factors, etc.)

·        Should there be a medical exam of the child?

·        Does the child have an injury? If so:

§          What is the explanation of the injury?

§          Is that explanation feasible?

§          Where is the injury located?

§          Is there more than one injury at different stages of healing?

·         What is the condition of the home? (Ex. Cleanliness, safety hazards, etc.)

·         What is the condition of the child? (Ex. Appropriately dressed, developmental status, cleanliness, etc.)

·           Are the child's basic needs being met?

·          Is there adequate supervision?

·        Are the caretakers emotionally/mentally abusing the child? (Are they scapegoating? Denigrating? Terrorizing?)

·       Is the child safe? (CPS must complete a safety assessment.)

Allegations are Supported by a Preponderance of the Evidence

Based on the review of the above factors, CPS determines whether child abuse and/or neglect has occurred.

If CPS determines that child abuse and/or neglect has not occurred, a report is written and the case in closed.

If CPS determines that child abuse and/or neglect has occurred, a risk assessment is done to determine the category of the case (Category III, II, or I) and the further action of CPS (Ex. Services that will be provided to the child and the family.)

Factors Considered Prior to Removal

Prior to making the decision to remove children, the following is assessed:

·       Is the child at imminent risk of harm?

·       How does the caretaker view the situation?

§          Are they cooperative?

§          Are they asking for help? Are they capable of change?

·       Are their alternatives to removal?

·         Are their immediate services that can be put in place to keep the child safe in the home? Can arrangements be made  for the child until those services case be put in place?

·       Will the offending parent leave the home?

·         Can Court Orders be put in place that would keep the child safe?

Removing/Placing Children

Children can be removed in the following ways:

1. CPS worker files a court petition and a Preliminary Hearing is held. The Court orders the removal of the child. (Ex. Family has been offered services, they refuse to comply, and the child is at imminent risk of harm.)
2. The police determine that the child is at imminent risk of harm and takes the child into protective custody. (Ex. Police conducts a drug raid and places the children in the home in protective custody.)
3. The CPS worker obtains an Apprehension Order (pick-up order). The child is removed with the Apprehension Order. A Preliminary Hearing is held within 24 hours of removal. The Court either affirms the removal or returns the child. (Ex. Child is afraid to go home and/or child has serious injuries and perpetrator refuses to leave the home.)
   

Preliminary Hearing

At the Preliminary Hearing, the following persons are present:

• Judge or Court Appointed Referee.
• Attorney for Child.
• Attorney(s) for Parent.
• Parents.
• CPS worker.
• Witnesses (if deemed necessary).

The Judge or Court Appointed Referee determines, based on the evidence presented, whether the child should be removed from the parental home.